King v. Simons Brick Co.

The question for determination in this case is whether under the doctrine of attractive nuisance the father of a twelve-year-old boy who has been drowned in a body of opaque water in a clay pit dug by defendant on its own adjacent to a populous area, may recover for the loss of his child who played in the pool.

In substance the facts alleged in the amended complaint are that the defendant, a brick and tile manufacturer in the city of Santa Monica, caused the soil and clay to be removed from a portion of its property, leaving a huge pit of about four acres in area; that within five years prior…